Terms and Conditions

 TERMS & CONDITIONS FOR SCREEN/STAGE/LIGHTING/SOUND RENTALS 

The Watch Me is committed to protecting the privacy of individuals who visit the Company’s Website (“Visitors”), individuals who register to use the Services as defined below (“Customers”). This Privacy Statement describes The Watch Me privacy practices in relation to the use of the Company’s Website and the related applications, services, and programs offered by Know-The-Code LLC, as well as individuals’ choices regarding use, access and correction of personal information.

If you have questions or complaints regarding Know-The-Code LLC Privacy Statement or associated practices, or if you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact us at linkqmediallc@gmail.com

1. Definitions
In these conditions (and in any document in which reference is made to these conditions) the following terms shall have the following meaning:​

‘Agreement‘ means the contract(s) made between The Company and The Customer for the hire of the equipment to which these conditions apply;

‘The Company‘ means Know-The-Code LLC which expression shall where the context so requires include is successors and assigns;

‘Equipment‘ means the goods hired to The Customer by The Company under an agreement.

‘Hire Charge‘ means the applicable hire charge(s) payable by The Customer to The Company for the hire of the equipment for the hire period the Customer means person, firm or company who hires the equipment under the agreement.

2. General
2.1 All quotations are made, all orders received and accepted, and each agreement is entered into by the Company subject to these conditions of hire to the exclusion of all other conditions.

2.2 These conditions shall prevail over any inconsistent terms applied by the law or by trade custom, practice or course of dealing and previous terms and conditions (if any) of The Company and any such terms and conditions stipulated by The Customer (howsoever arising) are hereby excluded and negated, unless expressly agreed otherwise in writing by The Company. 

2.3 No servant or agent of The Company has the power to vary these conditions or to make any warranty representative or promises about the condition of the equipment, their fitness for any purpose or any other matter whatsoever, unless expressly agreed otherwise in writing by The Company.

2.4 No terms, conditions, warranties, or representations not recorded herein shall be binding on The Company, except where such is necessarily imported into any agreement by the statute, act or a common law and is not specifically excluded hereunder.

3. Quotations, Acceptance and Orders
3.1 All quotations issued by The Company are based on The Company’s current costs at the time of The Customers request and accordingly are subject to amendment on or after acceptance.

3.2 Unless otherwise stated in writing any quotation issued by The Company will remain open for 14 days only and only for up to 14 days prior to event and shall then lapse. A surcharge may apply for ordering of equipment / services within 14 days of the event.

3.3 A quotation shall not constitute an offer to supply, and no agreement exists unless and until there has been an acceptance by The Company in writing or orally by duly authorized employee or agent of The Company of an order placed.

4. Charges, Payments and VAT
4.1 Customers without approved credit terms shall pay to The Company the hire and installation charges as per the following schedule unless the contrary is agreed in writing by The Company: 30% to be invoiced on placing the order to secure the screen. 70% to be invoiced and paid 14 days prior to the event. Unless otherwise agreed. Invoices shall be payable on receipt, terms of payment being of the essence.

4.2 All other sums due to The Company under an agreement shall be payable on receipt of invoice.

4.3 Customers with approved credit terms shall pay to The Company the hire charges as per the following schedule unless the contrary is agreed in writing by The Company. 50% to be invoiced on placing the order, 50% to be invoiced and Paid 14 days after the event. All other sums due to The Company under an agreement shall be payable within 14 days of the date of the invoice.

4.4 All sums due to The Company under the agreement shall be paid together with Value Added Tax (VAT) and any other applicable taxes, which may from time to time be introduced, which shall be charged thereon in accordance with the relevant regulations and at the applicable rate in force at the time of charging.

4.5 The Company reserve the right to charge The Customer weekly interest at a rate of 10%. Whether before or after judgement, interest shall continue to accrue not withstanding termination of an agreement for any cause whatsoever. Further, The Company shall be entitled to demand immediate payment by The Customer of any costs and expense incurred by or on behalf of The Company in taking all necessary steps in ascertaining the whereabouts of the equipment or repossessing it, to recover any payments due under these conditions or to enforce any other terms of these conditions.

5. Installation / Removal
5.1 The Customer shall at its own expense supply or procure the supply of suitable accommodation, mountings, electrical supply, and environment for the equipment in accordance with The Company’s instructions and specifications.

5.2 Where the Company deems necessary The Customer shall bear the cost of any extra items or equipment, materials or labor required for the installation of the equipment

5.3 On arrival on site The Company require a competent person designated by The Customer to be responsible for the safe ingress and egress and the positioning of the equipment on site.

5.4 The Company should be met on arrival by this predetermined individual / group.

5.5 The Customer shall provide a designated trackway for vehicles and ground protection system for the areas of work, the Customer is Liable for all damages or reinstatement of the event site.

5.6 The Customer is responsible for the permission of The Company to park required vehicles in the area surrounding the equipment. If permits or site permission is required by The Company, then these must be obtained by The Customer prior to the event.

5.7 The Customer is responsible for the security of the screen from arrival on site until its departure. This includes any overnight stays.

6. Service
6.1 Upon the request of The Customer and with reasonable notice, The Company shall service the equipment by repairing or replacing any parts which may become defective through fair wear and tear.

6.2 The Company reserves the right if it considers necessary to remove the equipment and provide temporary or permanent replacement equipment having capabilities at least equivalent to that of the equipment.

6.3 The Company in its absolute discretion may make changes in the specification of the goods to be supplied provided such changes do not materially affect the quality of the goods.

6.4 The Company shall, as far as is practicable, give The Customer prior notice of the change to any specification.

6.5 The Company reserves the right to refuse to service the equipment if any payment under the agreement is outstanding and such refusal shall without prejudice to any other rights and remedies The Company may have or The Customer’s liabilities there under.

6.6 Unless otherwise agreed in writing between The Company and The Customer, The Company shall not be responsible for any tapes, disks, compact disc or records for use within the agreed event.

7. Ownership and Liability
7.1 Beneficial and legal title in the equipment shall remain in The Company at all times and The Customer shall have no right or interest in the equipment except for the quiet possession and the right of use of the equipment upon the terms of these conditions.

7.2 The Customer shall always keep the equipment in its possession and not without The Company’s prior written consent move or procure the removal of the equipment from the event area.

7.3 The Customer shall not at any time: sell, offer for sale, rent, pledge, or lend or otherwise part with possession of any equipment that is the sole property of The Company.

7.4 The Company reserve the right to stop the use of all equipment due to reasons beyond our control.

8. Customer Liability for Loss or Damage
8.1 The Customer shall be liable and have in place full all risks insurance cover against loss, damage & theft of any equipment from the time the equipment arrives on site.

8.2 In addition to the provisions of clause 8.1 if the customer cannot provide full all risks cover, the Company may, at its option require: The Customer to pay the Company charges in respect of insuring the equipment against all risks.

9. Access to Equipment
9.1 The Customer shall provide or ensure that The Company, its servants, or agents, has access to the equipment.

9.2 The Customer shall ensure that the equipment is accessible at the end of event for immediate removal.

9.3 The Customer is liable for all costs incurred when equipment becomes stuck, and recovery is deemed necessary.

10. Licences and signal
10.1 The Customer shall indemnify and keep indemnified The Company against all costs, claims, liabilities, damaged, expenses, proceedings, actions or demands (including without limitation legal fees and costs) resulting at any time from The Customers use of the equipment in breach of alleged breach of any copyright or other rights.

10.2 The Customer must obtain prior to installation of the equipment all consents, permissions and approvals required in the respect of such installations and use of the equipment at the event.

10.3 Where the customer is providing the signal or feed to the screen, it is the customers sole responsibility to obtain such signal and present at the screen location.

10.4 Know-The-Code LLC will have no liability due to a failed signal or signal drop out.

11. Cancellation
11.1 If The Customer wishes to cancel any agreement after The Company has accepted an order for equipment but before installation of the equipment, The Company may, at its discretion and without prejudice to any other rights and remedies it may have, treat such cancellation as a breach or a repudiation of an agreement and, agree to accept any of the following payments from The Customer:

11.2 Days’ notice given prior to date of installation % of hire charge.

– Cancellation after confirmed booking 50% of contract value.
– Cancellation within 14 days of event date 75%
– Cancellation within 24 hours of event date 90%

11.3 If the Company cancels the agreement after The Customer has returned the order for equipment, then The Customer will receive a full refund of all monies paid in respect of the agreed event.

11.4 In the event that the Customer attempts to terminate this agreement before the expiry of the hire period, The Company may, at its absolute discretion and without prejudice to its right to treat cancellation as breach or repudiation of any agreement, agree to accept such cancellation provided that The Customer shall not be entitled to any refund of the hire charge, or any other payments made to The Company.

12. Termination
Without prejudice to its other rights, The Company shall have the right forthwith to terminate this agreement by notice in writing to The Customer, and to claim any resulting losses or expense if:

12.1 The Customer fails to make any payments when it becomes due or

12.2 The Customer makes any voluntary arrangements with its creditors or becomes subject to an administration order in bankruptcy is presented or made against The Customer or a resolution or petition to wind up The Customer is passed or presented or a receiver or administrator is appointed to any of The Customers assets or undertaking or if The Customer becomes unable to pays its debts or other circumstances arise which entitle the court or a creditor to appoint any receiver or administrator or to make a winding up order.

13. Weather
The Company reserves the right to withdraw equipment prior to or during an event due to adverse weather conditions that may cause concern for health and safety of any persons or property in the vicinity, or damage to the equipment supplied. Know-The-Code LLC will not be liable for any refunds due to this action.

14. Limit of Liability
14.1 The Company accepts no liability for death or personal injury resulting from the negligence of the Company or its employees whilst acting in the course of their employment.

14.2 The Company accepts no liability for any costs occurring through the equipment being inoperable, this includes any Consequential/Financial loss in any form.

15. Non Assignment
15.1 The Customer shall not assign, delegate, or otherwise deal with all or any of its rights and obligations under an agreement without The Company’s prior written consent.

15.2 The Company shall have the right to assign or otherwise delegate all or any of its rights and obligations under an agreement upon notice to The Customer.

16. Force Majeure
Neither party shall be liable to the other for any loss or damage which may be suffered by the other party due to any cause beyond the first party’s reasonable control.

17. No Waiver
Failure by either party to exercise any rights conferred by these conditions shall not be deemed to be a waiver of any such rights nor operate so as to bar the exercise or enforcement thereof or any other rights on any later occasion.

18. Notice
Any notice to be given in writing hereunder by the parties shall be deemed to have been duly served if delivered personally or sent by pre-paid first-class post to the address of the party stated overleaf or to such other address as such other party may notify in writing to the sender.

19. Law and Jurisdiction
Any agreement shall be construed and interpreted in accordance with U.S. law and the parties hereby agree to submit to the sole jurisdiction of the U.S. courts in respect of any dispute arising out of or in connection herewith.

20. Limited Companies
You understand that if you sign this contract as a Director, Officer or on behalf of a Limited Company and that Limited Company is unable or shall fail to meet its commitments or enters into liquidation or amalgamation (and the amalgamated company shall not settle the account made in accordance with this agreement) then you hereby give your irrevocable personal guarantee that you will settle Know-The-Code LLC account in full within 14 days of the account being issued and under this guarantee you agree to be bound by all the terms and conditions contained herein as if you had signed this contract as a private individual.

21. Staff Safety
All Know-The-Code LLC staff have the right to work in an environment that is free from fear or threat, if at any time any member of staff is exposed to any verbal threats or violence then the team will immediately stop work, close down the screens (if in use) and then remove them. Know-The-Code LLC will if required report the incident to the police and fully back any member of staff who wishes to pursue the matter. Under these circumstances the client will still bare all costs of the contract.

Effective Date: November 27, 2024

These Terms of Use (these “Terms”) constitute a legal agreement between you and The Watch Me., (“The Watch Me,” “us,” “our,” or “we”) in respect of your use of the website – www.thewatchme.com (the “Site”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE AND YOU MUST PROMPTLY CEASE USING IT.

1.

YOUR ACCESS TO THE SITE

Internet Access. When using the Site on your mobile, laptop, desktop or other device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device through a Wi-Fi or LTE data communication network and (ii) any Internet connection and telecommunications fees and charges that you incur.

• Your Device. The Watch Me is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Site, including, but not limited to screen display operation features of your Device.

• No Guarantee. Access to the Site may be suspended temporarily and without notice (a) in the event of system failure, (b) for maintenance or repair, (c) where we reasonably suspect there has been a breach of these Terms, (d) for reasons reasonably beyond our control, or (e) as otherwise explained in these Terms.

2.

PERMITTED USE AND RESTRICTIONS

2.1 License Grant. Subject to the terms and conditions of these Terms, The Watch Me hereby grants you a limited, non-exclusive, personal, non-transferrable, non-sublicensable, non-assignable license to access and use the Site (including The Watch Mes and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for your personal use on a Device that you own or control. We reserve all other rights, which are not granted in these Terms.

2.2 Use Restrictions. You may not access or use the Site in any way that is not expressly permitted by these Terms. You may not: (a) cause, permit or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site; (b) sell, assign, rent, lease, or grant rights in the Site, including, without limitation, through sublicense, to any other person or entity; or (c) use the Site for any unlawful, prohibited, abnormal or unusual activity as determined by The Watch Me in its sole discretion.

2.3 Investigations. We may, but are not obligated to, monitor or review our Site at any time. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Site pursuant to Section 14 below.

2.4 Violation of these Terms. You must not use (or permit a third-party to use) the Site: (a) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site or any operating system used by the Site; (b) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users; (c) to collect or harvest any information or data from the Site or our systems or attempt to decipher any transmissions to or from the servers running the Site; (d) via use of a robot, spider, or other automated device to monitor or copy the Site or any information provided by the Site; (e) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; or (f) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and The Watch Me has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.

3.

PAYMENTS

If you choose, at your sole discretion, to purchase goods from us, you agree that, with your authorization, we may charge your credit card, or other chosen payment method the amount selected by you, and you understand that, all payments must be in U.S. dollars. We accept the following credit cards at this time: Visa, MasterCard, American Express, or Discover. The Watch Me uses authorized third-parties for the purpose of processing your transactions, including fraud prevention, vendor direct shipping, and credit card authorization.

4.

PRODUCT AVAILABILITY

All prices displayed on the Site are quoted in U.S. Dollars. We cannot guarantee the availability of a particular product at any particular time, and we reserve the right to change and/or cancel our merchandise offerings on the Site, without notice, at any time.

Unless you are an authorized retailer, all products sold by or received from The Watch Me are intended to be used for personal purposes only, and you may not sell or resell any products you purchase or otherwise receive from The Watch Me. The Watch Me reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by The Watch Me in its sole discretion.

With respect to products purchased through our third party partners, please see Section 9 below.

5.

SUBMISSIONS

Any feedback or suggestions you provide to us regarding the Site (“Submissions”), you acknowledge and agree that: (i) such Submissions will be considered non-confidential and non-proprietary; (ii) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the Site or otherwise to third-parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Submissions, and the right to transfer or sublicense such rights; (iii) we may have something similar to the Submissions already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with the Submissions under any circumstances.

6.

PRIVACY

These Terms also incorporate the terms of our privacy policy (as The Watch Me from time-to-time), which is available at (https://thewatchme.com/privacy-policy/ (the “Privacy Policy”). Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy (such as how you can adjust your privacy settings).

By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to (a) the processing of your personal information as explained in the Privacy Policy and (b) the collection of information from your device as explained in the Privacy Policy.

7.

MOBILE MESSAGING TERMS AND CONDITIONS

By agreeing to these Terms or using the Site, you also agree to receive communications from us, including via email, text message (to the extent permitted by applicable law), calls, and push notifications. Communications from us may include responses to your inquiries or marketing materials.

If you wish to opt-out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself.

In addition, The Watch Me offers a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions (for purposes of this Section 7, the “Agreement”). By opting-in to or participating in any of our Programs, you accept and agree to these Terms, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in Section 16 (Dispute Resolution) below. This Agreement is limited to the Program and is not intended to modify other Terms or Privacy Policy that may govern the relationship between you and The Watch Me in other contexts.

User Opt-In: The Program allows users to receive SMS/MMS mobile messages by affirmatively opting-into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By affirmatively opting into the Program, you provide The Watch Me with your express written consent, via e-signature, to deliver or cause to be delivered advertising and marketing mobile messages through an automatic telephone dialing system or an artificial or prerecorded voice at the phone number associated with your opt-in. You also understand your express written consent is not a direct or indirect condition of making any purchase from The Watch Me. While you consent to receive messages sent using an automatic telephone dialing system, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “auto-dialer”). Message and data rates may apply.

User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from The Watch Me in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting-out. You also understand and agree that any other method of opting-out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting-out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying The Watch Me of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by The Watch Me, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and Agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt-into the Program can expect to receive messages concerning the marketing and sale of products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with The Watch Me.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of The Watch Me’s control.

Participant Requirements: You must have a wireless Device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your Device capabilities for specific text messaging instructions.

8.

INTELLECTUAL PROPERTY RIGHTS

8.1 Trademarks. The The Watch Me name and logo are trademarks and service marks of The Watch Me. You do not have the right to use any of our trademarks, service marks or logos, and your unauthorized use of any of these may be a violation of federal and state trademark laws.

8.2 Ownership. You acknowledge that all intellectual property rights in the Site, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all content in the Site and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of The Watch Me, protected by intellectual property laws. You acknowledge and agree that The Watch Me, and/or its licensors, owns all right, title and interest in and to the Site, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Site is protected by U.S. and international copyright laws. Further, you acknowledge that the Site may contain information that The Watch Me has designated as confidential and you agree not to disclose such information without The Watch Me’s prior written consent. Nothing posted on the Site grants a license to any The Watch Me trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of The Watch Me. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.

9.

THIRD-PARTY SITES AND SERVICES

The Site may contain links to or allow you to share content directly with other third-party websites (“Third-Party Sites”), like Facebook and Instagram. You acknowledge that we have no control over the Third-Party Sites and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content, or other material contained in the Third-Party Sites and we have no association with their operators. Your use of the Third-Party Sites will be governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with Third-Party Terms.

10.

NOTICE FOR CALIFORNIA RESIDENTS PURSUANT TO CA CIVIL CODE SECTION 1789.3

Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.

11.

INDEMNITY

You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and costs), arising out of or in connection with: (a) your use of the Site; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third-party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.

12.

WARRANTY DISCLAIMER

WE PROVIDE THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SITE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SITE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Site is accurate, complete or up-to-date.

To the maximum extent permitted by law, we exclude all conditions, warranties, representations and other terms, which may apply to the Site, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of the rights of third-parties with respect to the Site and all information and content included on the Site.

No information or advice obtained through the Site, or affirmation by us, by words or actions, shall constitute a warranty.

We only supply the Site for domestic, personal and private use. You agree not to use the Site for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

13.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SITE OR YOUR INABILITY TO ACCESS OR USE THE SITE) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SITE OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF THE WATCH ME, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Your sole remedy for dissatisfaction with the Site including, without limitation, content on the Site, is to stop using the Site. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Site or any links on the Site, as well as by reason of any information or advice received through or advertised in connection with the Site or any links on the Site. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the Site.

In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Site or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, the greater of: (i) the total amount paid for goods in the preceding 30 days, or (ii) One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Site must be brought within one year after such claim or cause of action arises or be forever barred.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE WATCH ME’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON THE WATCH ME’S CHOICE OF LAW PROVISION SET FORTH BELOW.

14.

TERMINATION

We may terminate these Terms and/or your permission to use the Site immediately, without prior notice or liability, if you commit any breach of these Terms. Further, with respect to the Site, we may terminate these Terms, and/or your permission to use the Site immediately, without prior notice or liability, if (a) we discontinue the Site, or (b) we are prevented from providing the Site for any reason.

Furthermore, we reserve the right to change, edit, suspend, delete and/or cancel any part of the Site and/or your access to it at any time with or without notice to you: (a) if required by law, or (b) due to an event beyond our control.

On termination of these Terms for any reason: (a) all rights granted to you under these Terms will cease immediately, (b) you must immediately cease all activities authorized by these Terms (including your use of the Site), and (c) you acknowledge that we may restrict your access to the Site. Sections 6-8, and 11-17 will survive any termination or expiration of these Terms.

15.

COMMUNICATION BETWEEN US

If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us by email or as otherwise indicated in the Contact Us section at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.

16.

DISPUTE RESOLUTION

Certain portions of this Section 15 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and The Watch Me agree that we intend that this Section 16 satisfies the “writing” requirement of the Federal Arbitration Act.

A. Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Site, these Terms, our products, or any additional terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of our actual or alleged intellectual property rights (an “Excluded Dispute”), which includes those actions set forth herein, then the parties agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you using the most recent contact information that you provide to us; if no such information has been provided or if such information is not current, then we owe you no obligation under this Section. Your notice to us must be sent to:  info@thewatchme.com. For a period of sixty (60) days from the date of receipt of notice from the other party, The Watch Me and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or The Watch Me to resolve the Dispute or Excluded Dispute on terms which you or The Watch Me, in each of our/your sole discretion, are not comfortable.

B. Forums for Alternative Dispute Resolution. If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 16 is enforceable, the following mandatory arbitration provisions apply to you:

(i) Arbitration. If we cannot resolve a Dispute as set forth in Section 16(A) within sixty (60) days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration. If we cannot resolve an Excluded Dispute as set forth in Section 16(A) within sixty (60) days of our receipt of the notice, then either you or we may submit the Excluded Dispute to formal arbitration only if you and The Watch Me consent, in a writing signed by you and an officer or legal representative of The Watch Me, to have that Excluded Dispute subject to arbitration. In such a case, (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the remainder of this Section 16(B).

Upon expiration of the applicable sixty-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then-current Comprehensive Arbitration Rules & Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”). If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings. If the Dispute has a claimed value of more than $250,000, or if The Watch Me elects, in its sole discretion, to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three-member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party-appointed members or by JAMS in accordance with the then-current Comprehensive Arbitration Rules & Procedures. The arbitrator or arbitration panel, as the case may be, will apply applicable law, the provisions of these Terms, and any additional terms set forth in The Watch Me’s Privacy Policy to resolve any Dispute. Such resolution shall be made according to the applicable law and facts and will issue a reasoned award on no other basis. If you and The Watch Me do not both consent to the arbitration of an Excluded Dispute as set forth in the immediately preceding paragraph of this Section 16(B)(i), then this paragraph and the remainder of this Section 16 will not apply to the Excluded Dispute.

(ii) Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator must honor the terms of these Terms (and any additional terms) and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the City and County of New York, New York. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require The Watch Me to pay a greater portion or all of such fees and costs in order for this Section 16 to be enforceable, then The Watch Me will have the right to elect to pay the fees and costs and proceed to arbitration, or to decline to do so and have the matter resolved through the courts. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to the Federal Arbitration Act.

17.

OTHER IMPORTANT TERMS

17.1 Assignment. The rights granted to you under these Terms may not be assigned without The Watch Me’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.

17.2 Severability. If any